A former employee of Air Products and Chemicals Inc. in Westchester Township
is suing the company in federal court, alleging among other things
defamation and violations of the Family and Medical Leave Act and Americans
with Disabilities Act.

On Nov. 23, Ronald Gellinger filed suit in the U.S. District Court for the
Northern District of Indiana in Hammond.

The suit alleges the following:

•That on Aug. 20, 2012, Gellinger faxed to Air Products a “Certification of
Health Care Provider for an Employee’s Serious Health Condition,” pursuant
to the Family and Medical Leave Act. Air Products did not reply.

•That on Aug. 27, 2012, Gellinger appeared for work and was “verbally
assaulted and threatened by another employee,” prompting him to leave work.
Later in the day, Gellinger called his supervisor to say that the supervisor
needed to “get the situation under control” because “he would rather hang
himself before returning to a place were people were going to be rude and
violent.” That phrase—“hang himself”—the suit describes as “a term of art,
not a literal statement.” The suit further claims that the supervisor knew
the statement not to be a “literal threat.”

•That on Aug. 28, Gellinger’s supervisor made a 911 call in which he advised
the dispatcher that he believed Gellinger to be suicidal and that, following
that call, police officers arrived at Gellinger’s residence “to inquire as
to his mental status.” Those officers determined that “there was no merit to
the (supervisor’s) allegations of a potential threat.”

•That, at Air Products’ request, Gellinger submitted to a psychological
evaluation on Aug. 31, in which the psychologist determined that Gellinger
“was not a threat to himself or others” but was “just frustrated over the
lack of (the supervisor’s) ability to diffuse a threatening situation with a
co-worker.”

•That, also on Aug. 31, despite the psychologist’s determination, Gellinger
was terminated after the supervisor told him that he was “no longer fit for
the company.”

The four-count suit specifically accuses Air Products:

•Of violating the Family and Medical Leave Act, by discriminating against
him and discharging him without just cause, “in retaliation for (Gellinger’s)
serious health condition.”

•Of violating the Americans with Disabilities Act, by discriminating against
Gellinger, “who had a disability,” and by discharging him “without just
cause.”

•Of violating the company’s own Employee Code of Conduct by “discharging and
then re-hiring” a co-worker who threatened Gellinger and others; and by
“failing to discharge the co-worker for his threats of violence in the work
place.”

•And by defaming Gellinger, by “making false accusations that (Gellinger)
had made serious threats to himself and by reporting the same to management
and to the police department.”

Gellinger is seeking a judgment against Air Products of $1 million, punitive
damages, and attorney fees.